New York Consumer Law Blog

 The Consumer Financial Protection Bureau issued a new FCRA "Summary of Rights" form, effective September 21, 2018

 Read more . . .

There has been little to no action in Congress that relates to the Equifax data breach or enacting legislation which creates future remedies or legislation designed to prevent such massive data breaches,” said Jim Francis, an attorney at Francis & Mailman, a firm that focuses on consumer protection litigation. 

https://www.americanbanker.

Remember, consumers have a right to have accurate information on credit reports, even if related to student loans.  

http://www.
Read more . . .

The FBI is warning financial institutions that their ATMs could be targeted in a hacking attempt.

The threat was reported Sunday by Krebs On Security, a popular cybersecurity blog run by the journalist Brian Krebs.

Krebs reported that the scheme is known as an "ATM cash-out," which means the attackers can hack a bank or payment card processor and use stolen information to withdraw large sums of money at ATMs worldwide. His report cited a confidential alert the FBI shared with banks last Friday.
Read more . . .

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Monday, August 6, 2018

Wells Fargo says hundreds of customers lost homes after computer glitch

Wells Fargo said the computer error affected "certain accounts" that were undergoing the foreclosure process between April 2010 and October 2015, when the issue was corrected.

About 625 customers were incorrectly denied a loan modification or were not offered one even though they were qualified, according to the filing. In about 400 cases, the customers were ultimately foreclosed upon.

https://money.cnn.com/2018/08/04/news/companies/wells-fargo-mortgage-modification/index.html

Read more . . .

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Wednesday, August 1, 2018

Wells Fargo has agreed to pay a $2.09 billion fine for issuing mortgage loans it knew contained incorrect income information, the Justice Department announced Wednesday.

This is a developing story. More to come...
Read more . . .

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Tuesday, July 17, 2018

Senate looks to fix “broken” credit reporting system

Read more . . .

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Previous Posts

Adam Singer's Appearance on Today's Verdict

How does getting married affect your credit?

Robots Are Taking Over (the Rental Screening Process)

Which Credit Score Do Lenders Actually Use?

Equifax settles case with woman who sued after a credit file mix-up allegedly ‘destroyed’ her family’s life

What happens when you miss a credit card payment?

Hairdresser, Plumber, Lawyer: A Job License Could Help You Get a Loan

Here is the 1 credit card you should almost always avoid

Family Finances: Consumers have few weapons to battle credit bureaus

This woman says Equifax mixed up her father’s credit report and ‘destroyed’ his life — and now she hopes to convince a jury

Blog Categories

Auto Loans

Background Check Errors

Class Actions

Consumer Financial Protection Bureau (CFPB)

Credit Cards

Credit Report Errors

Credit Scores

Cybercrime

Debt Collection and Harassment

Deceptive Acts and Practices

FCRA

Fraud

Identity Theft

Legislation

News

Robocalls

Tax/Judgment Liens

TCPA

Blog Links

Archived Posts

2019

December

Adam Singer's Appearance on Today's Verdict
How does getting married affect your credit?
Robots Are Taking Over (the Rental Screening Process)

November

Which Credit Score Do Lenders Actually Use?
Equifax settles case with woman who sued after a credit file mix-up allegedly ‘destroyed’ her family’s life
What happens when you miss a credit card payment?
Hairdresser, Plumber, Lawyer: A Job License Could Help You Get a Loan
Here is the 1 credit card you should almost always avoid
Family Finances: Consumers have few weapons to battle credit bureaus
This woman says Equifax mixed up her father’s credit report and ‘destroyed’ his life — and now she hopes to convince a jury
Free electronic credit monitoring coming soon to the military

October

Reed & Van Hollen Introduce the Consumer Credit Control Act
Frank W. Abagnale, famed Con Artist, explains the Equifax data breach - Big Think
N.J. is being sued over new law requiring credit reports in Spanish, 10 other languages
We asked a hacker to try and steal a CNN tech reporter's data. Here's what happened
Google Shuts Out Payday Loans With App-Store Ban
Amex Employee Suspected of Wrongfully Accessing Customer Data to Commit Fraud
U.S. House Votes to End Forced Arbitration in Corporate Contracts

September

Equifax Doesn’t Want You to Get Your $125. Here’s What You Can Do.
How Can Identity Theft Affect Your FICO Scores?
Liberty Vittert: Collecting your data is the biggest, baddest, business around. Where's our government?
How to opt out of arbitration for the new Apple Card (and why you’d want to)
New Trump Administration Rule Will Look at Immigrants’ Credit Histories
How Do Different Credit Actions Impact Your FICO Scores?
Many minorities avoid seeking credit due to generations of discrimination. Why that keeps them back

August

There are no “quick fixes” to clean up your credit
Facebook listening to voice chats, paying contractors to transcribe them
How do Credit Bureaus Get Your Information?
Where You Went to College May Matter on Your Loan Application
Top 10 Warning Signs of Identity Theft
How do FICO scores consider student loan shopping?
The Capital One Hack: Life in the Time of Breach Fatigue

July

Capital One breach exposed bank data for the most financially vulnerable customers
Capital One data breach exposes tens of thousands of Social Security numbers, linked bank accounts
Congress should follow California's lead in protecting consumers
Equifax garners the most complaints in 2017
Equifax to Pay at Least $650 Million in Largest-Ever Data Breach Settlement
Equifax exposed 150 million Americans' personal data. Now it will pay up to $700 million
Elderly robocall scam victim committed suicide after 'fraudsters' stole life savings
FTC Announces Final Rule Implementing Law Providing Free Credit Monitoring for Active Duty Military Consumers
Checking your credit score should always be free. Here's exactly how to do it.
What everyone should know about employer background checks

June

How Much Is Your Data Worth to Facebook and Google? A New Senate Bill Aims to Find Out
Your phone carrier can now block robocalls by default
Clarence Thomas Just Voted With the Liberals in a Big Consumer Rights Case. Why?
12 Million Medical Bills Stolen by Data Thieves: What to Do

May

New Bill Would Amend FCRA by Delaying Reporting of Medical Debt
NY bill would bar facial recognition programs for landlords
Helping consumers with credit report errors is the core of our practice.
Jury returns $2 billion verdict against Monsanto for couple with cancer -- the biggest so far
Rising Rents for Millennials Give Rise to a New Breed of Lender
A malware attack against accounting software giant Wolters Kluwer is causing a 'quiet panic' at accounting firms
Consumer Bureau Moves to Cap Debt Collectors’ Calls, and Allow Texts and Emails

April

Identity Theft Protections for Minors Signals New Area of Privacy Obligations for Companies
Hundreds of millions of Facebook records exposed on Amazon cloud servers

March

Wells Fargo CEO Tim Sloan steps down suddenly CNN Digital Rebranding 2014 Matt Egan
New federal law allows consumers to freeze credit
Equifax Was Aware of Cybersecurity Weaknesses for Years, Senate Report Says
Equifax CEO testifies company took security seriously before its massive breach in response to scathing Senate report
How to Monitor Your Credit Without Hurting Your Credit Score
Getting Into the 800 Credit Score Club Is Tough—Staying in Is Tougher

February

Maxine Waters proposes consumer-friendly overhaul of credit reporting industry
The Equifax breach affecting nearly half of Americans was “entirely preventable”
To Raise Your Credit Score, Start by Understanding It
How To Find Out What's On Your Background Check

January

Equifax wants judge to reject suits by banks
Data Breach Exposes Millions of Loan Documents Online
Why Big Tech Wants Access to Your Medical Records
USAA to Pay $12 Million in Restitution to Customers, $3.5 Million Fine

2018

December

Wells Fargo to Pay States About $575 Million to Settle Customer Harm Claims
A high credit score can save you thousands of dollars—here are 2 of the simplest ways to increase yours in 2019
Stop The Onslaught Of Credit Card Offers
What you need to know about the Google+ data breach
How the Cashless Economy Shuts Out the Poor
Thieves Can Now Nab Your Data in a Few Minutes for a Few Bucks
What to Expect From the New Head of the Consumer Financial Protection Bureau
Will a lender getting a copy of my credit report affect my score?
Wells Fargo blames "calculation error" after hundreds lose homes to foreclosure
Data Breach at Question-and-Answer Site Quora Affects 100 Million

November

Marriott says breach of Starwood guest database compromised info of up to 500 million
A New Kind of Lender Secretly Tracks Your Car to Make Sure You Pay Up
On the Mend: Bill Requiring Delayed Reporting of Veterans’ Medical Debts Seeks to Correct Department of Veterans Affairs Payments Errors
Rubio, Kennedy Introduce Bill To Protect Small Businesses From Security Breaches
Uber Settles Data Breach Investigation for $148 Million
Report: ID thieves are exploiting USPS mail-scanning service, Secret Service warns
Stanford Facing FCRA Class Action (Again)

October

Yahoo might owe you money: It agrees to pay $85 million in data-breach settlement
How More Americans Are Getting a Perfect Credit Score
Texas Company Will Pay $3 million to Settle FTC Charges That it Failed to Meet Accuracy Requirements for its Tenant Screening Reports
FICO Plans Big Shift in Credit-Score Calculations, Potentially Boosting Millions of Borrowers
How this 54-year-old Alaskan oil worker got a perfect credit score
Thousands line up for zero-down-payment, subprime mortgages
Equifax data breach was a year ago – what has DC done about it?
FCRA Developments: Updated Summary of Rights & “Stand-Alone” Disclosure Need Not Be Separate In Time
Facebook Security Breach Exposes Accounts of 50 Million Users

September

Compliance Now Required: New FCRA Summary of Rights Released
D.C. was up in arms over Equifax breach — what happened?
Students, families struggle to repay billions in crushing loan debts

August

FBI warns banks about potential ATM hacking scheme
Wells Fargo says hundreds of customers lost homes after computer glitch
Wells Fargo has agreed to pay a $2.09 billion fine for issuing mortgage loans it knew contained incorrect income information, the Justice Department announced Wednesday.

July

Senate looks to fix “broken” credit reporting system
Forty Percent of Americans can't cover a $400 emergency expense
FTC Testifies Before Senate Banking Committee on Fair Credit Reporting Act

June

Credit problems may hinder job search
Free credit freezes are coming soon

May

Congress just made credit freezes free

April

This bill could weaken the protection of a credit freeze
Synchrony Bank accused of accessing individual's credit report in attempt to collect discharged debt
China's behavior monitoring system bars some from travel, purchasing property
Wells Fargo fined $1 billion for insurance and mortgage abuses
Breaches at Lord & Taylor, Saks, & MyFitnessPal
Was your Facebook data shared with Cambridge Analytica? You can now find out
How to Avoid a Renovation Nightmare
Fin7 Syndicate Hacks Saks Fifth Avenue and Lord & Taylor Stores

March

Statement by the Acting Director of FTC’s Bureau of Consumer Protection Regarding Reported Concerns about Facebook Privacy Practices S
How much is your personal information selling for?
Consumer Protection in the States: A 50-State Evaluation of Unfair and Deceptive Practices Laws
The New ID Theft: Millions of Credit Applicants Who Don’t Exist
Credit Bureaus Let Wrongdoers Run Amok, Disrupt Mortgage-Seekers
Trump is systematically backing off consumer protections, to the delight of corporations
Consumers Should Have More Control Over Credit Reports. We Agree.
Welcome to National Consumer Protection Week 2018
Mexican Man Assumes American's Identity for 37 Years, Steals $361,000 in Government Benefits

February

Consumer Protection Bureau structure upheld in blow to Trump's deregulation efforts
Consumer Finance Protection Bureau Probes Equifax

January

https://www.cnbc.com/2018/01/18/how-often-you-should-pay-off-your-credit-card-bill.html
Equifax isn’t going to like new Senate bill
Equifax Says It Will Hand Over New York Data Breach Info
The security of pretty much every computer on the planet has just gotten a lot worse

2017

December

TzedekDC (tzedekdc.org) is a new Jewish lawyers group dedicated to providing pro bono debt representation for the poor.
Ninth Circuit Court of Appeals: FCRA bars background check liability waiver
When it comes to financial consumer protection state attorneys general wield an additional potentially powerful weapon.
President Trump appears poised to select a nominee — in a matter of weeks — to serve as the next director of the CFPB.
Millions of errors found within consumer credit reports
7 Ways to Protect Yourself From Online Identity Theft
Meet the man who used to steal your identity

November

CFPB Fines Xerox for Furnishing Incorrect Information to Credit Reporting Agencies
Uber was hacked in 2016, and data on 57 million people was exposed
Is Trump breaking the law?
Ranking Member Bill Nelson (D-FL) of the Senate Commerce Committee released the report "Are You Getting the Credit You Deserve? Credit Reports Are Still Plagued by Millions of Errors"...
The vast majority of Americans -- across the political spectrum -- benefit from the protections of the Consumer Financial Protection Bureau. Here's one example from this piece:
Trump likely to tap budget director Mulvaney as interim CFPB chief
Richard Cordray to step down as head of Consumer Financial Protection Bureau
Data Breaches

October

Top-Ranking for the Law Office of Adam G. Singer
Equifax says 2.5M additional individuals potentially victimized during data breach
Equifax interim CEO pens apology after data breach
Elizabeth Warren to Wells Fargo CEO: 'You should be fired'
Why Equifax will continue to profit by selling your personal information

September

The real problem with credit reporting is the astounding number of errors
Liens and Judgments Data: Not Gone for Good
Equifax CEO Richard Smith is out after stunning data breach
Cuomo Proposes Stricter Regulations for Credit Reporting Agencies
Despite Equifax hack, GOP lawmakers want to deregulate credit agencies
Machine-learning promises to shake up large swathes of finance
Your Credit Score Could Make or Break Your Love Life
Equifax Security Breach: Agency Websites Melt Down Under Surge
143 Million Reasons Congress Shouldn’t Gut the Fair Credit Reporting Act
House Bill Would Let Companies Off the Hook for Known & Devastating Mistakes
CFPB Rule Fight Forces Senators to Choose: Military Families or Big Banks
Georgia Congressman Must Withdraw His EQUIFAX-Friendly Bill
3 Reasons Breach Victims Might not Want Equifax Credit Monitoring
The Equifax Data Breach: What to Do
Giant Equifax data breach: 143 million people could be affected
Even more Explosions Possible at Texas Flooded Plant

August

Ford to look beyond credit scores in sales push
State laws are becoming more restrictive, adding an extra layer of protection for consumers

July

Trump and Cordray: Five Scenarios for the CFPB
As Paperwork Goes Missing, Private Student Loan Debts May Be Wiped Away
Federal Court Certifies FCRA Class in Dispute Over Content of Disclosures
It just got easier for you to sue your bank and credit card company.
Wells Fargo customers who had fake accounts created in their names are a step closer to some payback.
Notice of Sabre Data Security Incident Impacting Guest Payment Card Information
TransUnion to pay $60 million to consumers flagged as criminals
Debt Collection Was the Most Complained About Financial Service Among Older Consumers for March
Sloppy Credit Bureaus, Sketchy Credit Doctors Slammed by Trifecta of CFPB, State AGs, and Consumer Lawyers (4/4)
Sloppy Credit Bureaus, Sketchy Credit Doctors Slammed by Trifecta of CFPB, State AGs, and Consumer Lawyers (3/4)

June

Sloppy Credit Bureaus, Sketchy Credit Doctors Slammed by Trifecta of CFPB, State AGs, and Consumer Lawyers (2/4)
Sloppy Credit Bureaus, Sketchy Credit Doctors Slammed by Trifecta Of CFPB, State AGs, and Consumer Lawyers (1/4)
Your Credit Score May Soon Look Better
Consumers misidentified as terrorists win $60 million verdict
Robocalls Hijacking Your Voicemail Is ‘Invasive and Abusive,’ Say Lawmakers
Americans are suddenly defaulting on their credit cards
Burger Chain Faces FCRA Class Action Lawsuit Over Background Checks
Your consumer protections, on the brink of destruction in Congress
House passes sweeping bill to strip back financial rules
House to vote on killing Dodd-Frank today
CFPB Report Details Problems, New Requirements Consumer Reporting Companies Must Implement

May

CRCs Might Now Ignore Certain Kinds of Data in Calculating Your Credit Score
Big auto lender only checked 8% of applicants' incomes
One Step Forward, One Step Back?
A record 107 million Americans have car loans
Job applicants claim inaccurate background check report prevent them from finding a job
AT&T faces thousands of complaints about overcharging for services
Massive ransomware attack hits 99 countries
Wronged Wells Fargo customers are finally getting a bit of payback
House GOP’s Bill to Eliminate Nearly All Class Actions Would Encourage More Ponzi Schemes & Other Corporate Cheating
CFPB Orders TransUnion and Equifax to Pay for Deceiving Consumers in Marketing Credit Scores and Credit Products

April

How You Could Get $500 Per Call For Those Unwanted Messages Six Years Ago
Beware, mortgage seekers: Random, online ‘credit scores’ are not always reliable
Supervisory Highlights Consumer Reporting Special Edition Issue 14, Winter 2017
Wells Fargo Introduces Cardless ATMs
Sub prime auto loans - Auto lenders can steer vulnerable people into crushing debt
Should you give your kids access to your credit card?
Data breaches cause an increase in credit card fraud

March

Services Offer Some Benefits but Are Limited in Preventing Fraud
Wells Fargo is having a hard time getting Americans to sign up for credit cards these days.
Held by Maryland’s Highest Court: Midland Funding
Advocates Applaud CFPB for Enforcement Action against Experian for Deceptive Marketing of Credit Scoring Products
CFPB Fines Experian $3 Million for Deceiving Consumers in Marketing Credit Scores
Credit Reports to Exclude Certain Negative Information, Boosting FICO Scores
CFPB: SUPERVISORY HIGHLIGHTS CONSUMER REPORTING SPECIAL EDITION (ISSUE 14)
IF THE CFPB IS WEAKENED, WON’T THE CREDIT BUREAUS RUN AMOK (AGAIN?)
CFPB Oversight Uncovers And Corrects Credit Reporting Problems
Employer Commits Willful Violation of Fair Credit Reporting Act By Including Waiver In Statutorily Mandated Disclosure
By Law Consumers Are Entitled To One Free Annual Credit Report.

February

Credit Report Attorney: The mortgage market is now dominated by non-bank lenders
NY Times: Avoid Willful Blindness: Know Thy Credit Reports as Part of a Retirement Plan
4 laws that protect your credit rights
How the law protects you and your credit
Ninth Circuit Rules an Employer Willfully Violated the Fair Credit Reporting Act by Including Liability Waiver With the Disclosure Form

January

US’ largest student loan company, Navient, cheated millions, suit alleges
Americans can't afford to lose Richard Cordray or the CFPB
Free Credit Score? Not Necessarily. Credit Bureaus Busted for Deception
Wells Fargo Killing Sham Account Suits by Using Arbitration
Will Trump Cave to Wall Street Pressure & Fire CFPB Chief in a Nixonian Saturday Night Massacre?
U.S. fines TransUnion, Equifax for deceit over credit scores
Credit Bureaus Trans Union and Equifax must pay more than $20 million for deceiving consumers in the sale of credit reports

2016

December

Medical Identity Theft

November

WHAT YOU SHOULD KNOW ABOUT MAINTAINING YOUR CREDIT SCORE
Wells Fargo Shows Its Deepest Remorse
Credit Reports Of Debtors Off-Limits In Other Than Credit Transaction Judgments Says Rodriguez Court
Your Right to Know - Your Consumer Credit File Under the Fair Credit Reporting Act

October

Wells Fargo is "feeling the pinch" after stealing from countless consumers. Not.
Ruling on CFPB's Unconstitutionality Leaves Agency Intact
IRS Scam Center Busted -- Wall Street Journal
Class Actions or No Action

September

My Presentation Next Week at the NYC Real Estate Expo
Should Wells Fargo be forced to pay what it cannot "claw back"?
Corporate corruption runs very deep
Winner: 2016 WEBAWARD FOR OUTSTANDING ACHIEVEMENT in Web Development
How the careless errors of credit reporting agencies are ruining people’s lives: Their files are full of obvious mistakes that the companies are in no rush to correct.
Math is Racist and How Big Data Is Coming For You (Wait, It's Already Here)
What Do Consumer Reports Cover? More than Just "Credit Reports"
Who's responsible when a loved one passes away with outstanding debt?
Returning an Auto Lease: The Right Way

August

Disputing Credit Report Errors: An Overview
CFPB Finds Credit Report Errors Still a Problem
NYC Tenant Blacklists: The FCRA and Tenant Background Reports
Has undiscovered identity theft damaged your credit score?
The Perils of Identity Theft
Credit Report Errors